The Reasoning of Judicial Decisions as Principle for a Due Process of Law

Abstract

One of the main principles of the civil procedural law is to reason the court decisions. This principle comes as an obligation of the court and as a right to be familiar with a reasoned decision. The good reasoning of decisions secures transparency and accountability. It addresses to the parties and aims to show them why someone won and why the other part lost, supporting the standard of a due process of law. The reasoning of the court decisions limits the arbitrariness and ensures correctness in making it. A reasoned court decision clearly presents the legal issue relevant to the resolution of the dispute. The judge summarizes the most important facts of the case and explains the legal principles that are aplayed to the specific case. He makes a detailed analysis of the application of legal principles in relation to the facts of the case, where the type of decision-making clearly emerges. But what does a reasoned decision means? Is the provision of the first paragraph of the Article 142 of the Constitution in the Republic of Albania absolute?

Received: 2 August 2024 / Accepted: 10 November 2024 / Published: 3 December 2024